In the Matter of Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same; Notice of Commission Decision To Review-in-Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions Regarding the Issues Under Review and Remedy, Bonding, and the Public Interest, 52970-52971 [2011-21586]

Download as PDF 52970 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–720] In the Matter of Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same; Notice of Commission Decision To Review-inPart a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions Regarding the Issues Under Review and Remedy, Bonding, and the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to reviewin-part a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 in the above-captioned investigation, and is requesting written submissions regarding the issues under review and remedy, bonding, and the public interest. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 17, 2010 based on a complaint filed on May 11, 2010, by Cross Match Technologies, Inc. (‘‘Cross Match’’) of Palm Beach Gardens, Florida. 75 FR 34482–83. The complaint, as amended on May 26, 2010, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within wreier-aviles on DSKGBLS3C1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:40 Aug 23, 2011 Jkt 223001 the United States after importation of certain biometric scanning devices, components thereof, associated software, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 5,900,993 (‘‘the ’993 patent’’); 7,203,344 (‘‘the ’344 patent’’); 7,277,562 (‘‘the ’562 patent’’); and 6,483,932 (‘‘the ’932 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337, and names two respondents, Suprema, Inc. (‘‘Suprema’’) of Korea and Mentalix, Inc. of Plano, Texas. On November 10, 2010, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion to amend the complaint by adding allegations of infringement as to claims 5–6, 12, and 30 of the ’562 patent, and claims 7, 15, 19, and 45 of the ’344 patent. On December 27, 2010, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion to terminate the investigation as to claims 6–8, 13–15, and 19–21 of the ’932 patent (eliminating this patent from the investigation); claims 13 and 16 of the ’993 patent; claims 4, 15, 30, 32, and 44 of the ‘344 patent; and claim 2 of the ’562 patent based on withdrawal of these claims from the complaint. On March 18, 2011, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement. On June 17, 2011, the ALJ issued his final ID finding a violation of section 337 by Suprema by reason of infringement of one or more of claims 10, 12, and 15 of the ’993 patent. The ALJ also found a violation of section 337 by reason of infringement of claim 19 of the ’344 patent. The ALJ found no violation of section 337 with respect to the ’932 patent. He also issued his recommendation on remedy and bonding during the period of Presidential review. On July 5, 2011, Cross Match, respondents, and the Commission investigative attorney (‘‘IA’’) each filed a petition for review of the final ID; and on July 13, 2011, each filed a response to the other party’s opposing petition. Upon considering the parties’ filings, the Commission has determined to review-in-part the ID. Specifically, the Commission has determined to review the ALJ’s finding of a violation of section 337 based on infringement of claim 19 of the ’344 patent. The PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Commission has determined not to review the remainder of the ID. On review, with respect to violation, the parties are requested to submit briefing limited to the following issues: (1) Who infringes claim 19 of the ’344 patent and what type of infringement has occurred? Please consider direct, contributory, and induced infringement. (2) Is there is a sufficient nexus between the infringer’s unfair acts and importation to find a violation of section 337? See, e.g., Dynamic Random Access Memories, Components Thereof and Products Containing Same, Inv. No. 337–TA–242, Comm’n Op. (Sept. 21, 1987); Certain Cardiac Pacemakers and Components Thereof, Inv. No. 337–TA– 162, 1984 WL 273827, Order No. 37 (March 21, 1984). In addressing these issues, the parties are requested to make specific reference to the evidentiary record and to cite relevant authority. In connection with the final disposition of this investigation, the Commission may issue an order that results in the exclusion of the subject articles from entry into the United States. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). When the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. When the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. E:\FR\FM\24AUN1.SGM 24AUN1 wreier-aviles on DSKGBLS3C1PROD with NOTICES Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Notices See section 337(j), 19 U.S.C. 1337(j) and the Presidential Memorandum of July 21, 2005. 70 FR. 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review that specifically address the Commission’s questions set forth in this notice. The submissions should be concise and thoroughly referenced to the record in this investigation. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding, and such submissions should address the recommended determination by the ALJ on remedy and bonding. The complainant and the IA are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the dates that the patents at issue expire and the HTSUS numbers under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than close of business on August 30, 2011. Reply submissions must be filed no later than the close of business on September 8. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.42–46 of the Commission’s VerDate Mar<15>2010 15:40 Aug 23, 2011 Jkt 223001 Rules of Practice and Procedure, 19 CFR 210.42–46. By order of the Commission. Issued: August 18, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–21586 Filed 8–23–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE National Advisory Committee on Violence Against Women; Notice of Meeting Office on Violence Against Women, United States Department of Justice. ACTION: Notice of Meeting. AGENCY: This notice sets forth the schedule and proposed agenda of the forthcoming public meeting of the National Advisory Committee on Violence Against Women(hereinafter ‘‘NAC’’). SUMMARY: The meeting will take place on Tuesday, September 13 from 9 a.m. to 5 p.m. and Wednesday, September 14, 2011 from 9 a.m. to 12:30 p.m. ADDRESSES: The meeting will take place at the Hilton Garden Inn 1225 First Street NE., Washington, District of Columbia, 20002. The public is asked to pre-register by September 6, 2011 for the meeting due to security considerations and so that there is adequate space (see below for information on preregistration). DATES: FOR FURTHER INFORMATION CONTACT: Catherine Poston, Attorney Advisor, Office on Violence Against Women, United States Department of Justice, 145 N Street, NE., Suite 10W 121, Washington, DC 20530; by telephone at: (202) 514–5430; e-mail: Catherine.poston@usdoj.gov; or fax: (202) 305–2589. You may also view information about the NAC on the Office on Violence Against Women Web site at: http://www.ovw.usdoj.gov. SUPPLEMENTARY INFORMATION: Notice of this meeting is required under section 10(a) (2) of the Federal Advisory Committee Act. The National Advisory Committee on Violence Against Women (NAC) was re-chartered on March 3, 2010 by the Attorney General. The purpose of this federal advisory committee is to provide advice and recommendations to the Department of Justice and the Department of Health and Human Services on how to improve the Nation’s response to violence against women, with a specific focus on successful interventions with children PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 52971 and teens who witness and/or are victimized by domestic violence, dating violence, and sexual assault. The NAC brings together experts, advocates, researchers, and criminal justice professionals for the exchange of innovative ideas and the development of practical solutions to help the federal government address and prevent these serious problems. This federal advisory committee will develop recommendations for successful interventions with children and teens who witness and/or are victimized by domestic violence, dating violence, and sexual assault. The NAC members will also examine the relationship between children and teens who are witnesses to or victims of such violence and the overall public safety of communities across the country. This is the third meeting of the NAC and will include presentations by Department of Justice staff on federal efforts to address these problems, presentations and facilitated discussions on trauma-informed practice, culturally based practice, and evidence based vs. evidence informed practice as well as facilitated discussions of the goals for the NAC. The Director of the Office on Violence Against Women, the Honorable Susan B. Carbon, serves as the Designated Federal Official of the NAC. Lori Crowder will serve as a facilitator at this meeting. The NAC is also welcoming public oral comment at this meeting and has reserved an estimated 30 minutes for this purpose. Time will be reserved for public comment on September 13 at 4:30 p.m. and on September 14 at 12 p.m. See the section below for information on reserving time for public comment. Access: This meeting will be open to the public but registration on a space available basis and for security reasons is required. All members of the public who wish to attend must register in advance of the meeting by September 6, 2011 by contacting Catherine Poston, Attorney Advisor, Office on Violence Against Women, United States Department of Justice, 145 N Street, NE., Suite 10W 121, Washington, DC 20530; by telephone at: (202) 514–5430; e-mail: Catherine.poston@usdoj.gov; or fax: (202) 305–2589. All attendees will be required to sign in at the meeting registration desk. Please bring photo identification and allow extra time prior to the start of the meeting. All members of the press who wish to attend and/or record any part of the meeting must register in advance of the meeting by September 6, 2011 by contacting Joan LaRocca, Public Affairs Specialist, Office on Violence Against E:\FR\FM\24AUN1.SGM 24AUN1

Agencies

[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 52970-52971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21586]



[[Page 52970]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-720]


In the Matter of Certain Biometric Scanning Devices, Components 
Thereof, Associated Software, and Products Containing the Same; Notice 
of Commission Decision To Review-in-Part a Final Initial Determination 
Finding a Violation of Section 337; Request for Written Submissions 
Regarding the Issues Under Review and Remedy, Bonding, and the Public 
Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding a violation of section 337 in the above-captioned 
investigation, and is requesting written submissions regarding the 
issues under review and remedy, bonding, and the public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 17, 2010 based on a complaint filed on May 11, 2010, by Cross 
Match Technologies, Inc. (``Cross Match'') of Palm Beach Gardens, 
Florida. 75 FR 34482-83. The complaint, as amended on May 26, 2010, 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain biometric scanning devices, components thereof, 
associated software, and products containing the same by reason of 
infringement of certain claims of U.S. Patent Nos. 5,900,993 (``the 
'993 patent''); 7,203,344 (``the '344 patent''); 7,277,562 (``the '562 
patent''); and 6,483,932 (``the '932 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337, and names two respondents, Suprema, 
Inc. (``Suprema'') of Korea and Mentalix, Inc. of Plano, Texas.
    On November 10, 2010, the Commission issued notice of its 
determination not to review the ALJ's ID granting Cross Match's motion 
to amend the complaint by adding allegations of infringement as to 
claims 5-6, 12, and 30 of the '562 patent, and claims 7, 15, 19, and 45 
of the '344 patent. On December 27, 2010, the Commission issued notice 
of its determination not to review the ALJ's ID granting Cross Match's 
motion to terminate the investigation as to claims 6-8, 13-15, and 19-
21 of the '932 patent (eliminating this patent from the investigation); 
claims 13 and 16 of the '993 patent; claims 4, 15, 30, 32, and 44 of 
the `344 patent; and claim 2 of the '562 patent based on withdrawal of 
these claims from the complaint. On March 18, 2011, the Commission 
issued notice of its determination not to review the ALJ's ID granting 
Cross Match's motion for summary determination that it satisfies the 
economic prong of the domestic industry requirement.
    On June 17, 2011, the ALJ issued his final ID finding a violation 
of section 337 by Suprema by reason of infringement of one or more of 
claims 10, 12, and 15 of the '993 patent. The ALJ also found a 
violation of section 337 by reason of infringement of claim 19 of the 
'344 patent. The ALJ found no violation of section 337 with respect to 
the '932 patent. He also issued his recommendation on remedy and 
bonding during the period of Presidential review. On July 5, 2011, 
Cross Match, respondents, and the Commission investigative attorney 
(``IA'') each filed a petition for review of the final ID; and on July 
13, 2011, each filed a response to the other party's opposing petition.
    Upon considering the parties' filings, the Commission has 
determined to review-in-part the ID. Specifically, the Commission has 
determined to review the ALJ's finding of a violation of section 337 
based on infringement of claim 19 of the '344 patent. The Commission 
has determined not to review the remainder of the ID.
    On review, with respect to violation, the parties are requested to 
submit briefing limited to the following issues:
    (1) Who infringes claim 19 of the '344 patent and what type of 
infringement has occurred? Please consider direct, contributory, and 
induced infringement.
    (2) Is there is a sufficient nexus between the infringer's unfair 
acts and importation to find a violation of section 337? See, e.g., 
Dynamic Random Access Memories, Components Thereof and Products 
Containing Same, Inv. No. 337-TA-242, Comm'n Op. (Sept. 21, 1987); 
Certain Cardiac Pacemakers and Components Thereof, Inv. No. 337-TA-162, 
1984 WL 273827, Order No. 37 (March 21, 1984).
    In addressing these issues, the parties are requested to make 
specific reference to the evidentiary record and to cite relevant 
authority.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that results in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    When the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    When the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action.

[[Page 52971]]

See section 337(j), 19 U.S.C. 1337(j) and the Presidential Memorandum 
of July 21, 2005. 70 FR. 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review that 
specifically address the Commission's questions set forth in this 
notice. The submissions should be concise and thoroughly referenced to 
the record in this investigation. Parties to the investigation, 
interested government agencies, and any other interested parties are 
encouraged to file written submissions on the issues of remedy, the 
public interest, and bonding, and such submissions should address the 
recommended determination by the ALJ on remedy and bonding. The 
complainant and the IA are also requested to submit proposed remedial 
orders for the Commission's consideration. Complainant is also 
requested to state the dates that the patents at issue expire and the 
HTSUS numbers under which the accused articles are imported. The 
written submissions and proposed remedial orders must be filed no later 
than close of business on August 30, 2011. Reply submissions must be 
filed no later than the close of business on September 8. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in sections 210.42-46 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-46.

    By order of the Commission.

    Issued: August 18, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-21586 Filed 8-23-11; 8:45 am]
BILLING CODE 7020-02-P